Debendra Kumar Dash vs Union Of India & Ors.
2021 Latest Caselaw 2936 Del

                          $~45
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                                    Date of Decision: 27.10.2021
                          +     W.P.(C) 12102/2021 & CM APPL. 37815/2021
                                DEBENDRA KUMAR DASH                      ..... Petitioner
                                                Through: Mr.Manoj Kumar Gupta, &
                                                          Mr.Praveen Kumar Jha, Advs.
                                                versus
                                UNION OF INDIA & ORS.                  ..... Respondents
                                                Through: Mr. Dev P. Bhardwaj, Advocate
                                CORAM:
                                HON'BLE MR. JUSTICE MANMOHAN
                                HON'BLE MR. JUSTICE NAVIN CHAWLA
                                MANMOHAN, J. (Oral)

1. Learned counsel for the petitioner states that the petitioner in this petition claims to be similarly placed to the petitioners in Brijlal Kumar v. Union of India and others 2020 SCC OnLine Del 1477 and the petitioner in Govind Kumar Srivastava v. Union of India 2019 SCC OnLine Del 6425 (DB) [against which Special Leave Petition (Civil) No. 8813/2019 has been dismissed on 26th April, 2019] and seeks the same relief as claimed therein i.e. of pro rata pension.

2. Learned counsel for the petitioner, on enquiry, states that the requisite No Objection Certificates (NOCs) had been given.

3. Learned counsel for the respondents fairly states that subject to right to verification and right of appeal to the Supreme Court against the judgment in Brijlal Kumar (supra) being saved, the petition be disposed of.

4. Accordingly, the petition is disposed of directing the

Signature Not Verified Digitally Signed

Signing Date:29.10.2021 20:45:41 respondents Indian Air Force that within twelve weeks herefrom, if they find the petitioner to be similarly placed as the petitioners in Govind Kumar Srivastava (supra) and Brijlal Kumar (supra) and other connected petitions, to grant him the same relief as granted in those petitions i.e. by payment of arrears of pro rata pension from the date of discharge till the date of payment and in future to continue to pay pro rata pension to the petitioner. However, if on verification it is found that the petitioner, for any reason, is not entitled to pro rata pension for reasons other than those stated in the judgments in Govind Kumar Srivastava (supra) and Brijlal Kumar (supra) and other connected petitions being in personam, the respondents, within the said twelve weeks, shall communicate to the petitioner, not so found entitled, the reasons in writing thereof and in which event, the petitioner shall be entitled to take further remedies there against. Needless to state that if any documents are asked for by the respondents, the same shall be furnished by the petitioner within a week.

5. If the arrears of pro rata pension are not paid within twelve weeks, the same shall also incur interest thereon @ 7% per annum from the expiry of twelve weeks till the date of payment.

MANMOHAN, J

NAVIN CHAWLA, J

OCTOBER 27, 2021/rv

Signature Not Verified Digitally Signed

Signing Date:29.10.2021 20:45:41